We have handled a variety of unusual discovery matters, including, for example, the following:
- Defended a foreign blockchain foundation in a $200 million class action alleging its initial coin offering and secondary-market sales constituted unregistered securities offerings under U.S. law. Navigated cutting-edge questions of whether digital tokens qualify as securities under the Howey test, including arguments over investment contracts, profit expectations, and decentralization. Addressed complex jurisdictional and extraterritoriality issues, with plaintiffs attempting to establish domestic application of U.S. securities laws through novel theories tied to blockchain nodes. Managed extensive discovery challenges arising from decentralized structures and modern communication platforms, including disputes over missing attachments, WeChat messages, and embedded cloud-based files. Secured resolution through a favorable settlement at a fraction of the damages originally sought, bringing finality to a multi-year battle while avoiding the expense and uncertainty of trial.
- Representation of global airline in connection with subpoena proceedings in antitrust case against travel software provider. Coordinated discovery efforts with airline’s lead counsel. Handled subpoenas duces tecum served upon other airlines and hedge funds. Successfully petitioned federal court to obtain documentary discovery and deposition testimony from Google.
- Representation of numerous foreign banks in connection with subpoenas and restraining notices seeking information regarding or access to customer accounts or assets that were or may have been held in overseas accounts.